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. ' ORIGINAL <br /> FIRST AMENDED AND RESTATED <br /> REIMBURSEMENT AND PROCESSING AGREEMENT <br /> BETWEEN <br /> THE CITY OF REDWOOD CITY <br /> , AND <br /> ' REDWOOD CITY PLANT SITE LLC <br /> DBA DMB REDWOOD CITY SALTWORKS <br /> THIS AMENDED AND RESTATED REIMBURSEMENT AND PROCESSING <br /> AGREEMENT ("AereemenY') is made and entered into on the � day`d� �W�6]�,,� <br /> 2011 by and between the CITY OF REDWOOD CITY, a charter city and Califomia municipal <br /> corporation ("C�"), and REDWOOD CITY PLANT SITE LLC, a Delaware limited liability <br /> company, dba DMB REDWOOD CITY SALTWORKS (" Saltworks ") (collectively, the <br /> "Parties"). <br /> RECITALS <br /> A. By Resolution No. 14609, adopted in September 2004, City established a Cost <br /> Recovery Policy for major planning applications that requires an applicant for planning approvals <br /> to pay the costs of processing the application. Reimbursement includes among other things the <br /> cost for City staff, consultants, including environmental consultants, and special legal counsel. <br /> Consistent with the intent and framework of Resolution No. 14609, and in recognition of the <br /> uniquely substantial scope and nature of the development proposed by Saltworks, the Parties <br /> have determined that it is necessary and desirable to enter into this Agreement to govern <br /> reimbursement and processing related to the proposed Saltworks development. <br /> B. Saltworks has a legal and/or equitable interest in approximately 1,436 contiguous <br /> acres of real property located within the City, east of Seaport Boulevard and north of US-101, as <br /> depicted in the attached Exhibit A-1, and as more particularly described in the attached Exhibit <br /> A_2 (the "Pro e "). <br /> C. Saltworks has submitted to City applications (collectively, the "Annlications") for <br /> certain planning approvals, including environmental review, required for a project that Saltworks <br /> proposes to develop on the Proper[y (the "Project"). The Applications request approval of a <br /> general plan amendment, rezoning and associated amendments to the"zoning code, specific plan <br /> and development agreement (collectively, the "Entitlements"). In the event the Entitlements are <br /> approved by the City, several future land use approvals and entitlements will be required for the <br /> Project to proceed, including but not limited to tentative and final subdivision maps, design <br /> review approvals, and final development plans (collectively, "Future Approvals"). The parties <br /> intend that cost recovery by the City for expenses associated with the review, evaluation, and <br /> processing of the Future Approvals will be governed either by a development agreement <br /> approved along with the Entitlements or, alternatively, by another reimbursement and processing <br /> agreement to address the Future Approvals. Such agreement also would cover reimbursement of <br /> expenses related to any City approval of the Applications. <br /> D. Ciry and Saltworks have entered into this Agreement to implement the <br /> reimbursement policy of Resolution No. 14609 pursuant to which City will review the <br /> Applications and Saltworks will fund that review. Nothing in this Agreement is or should be <br /> construed to control or limit the City's exercise of discretion with respect to any aspect of the <br /> Entitlements or to constitute a covenant, promise, or commitment by City (including, without <br /> ATTY/AGR/2011/AMENDMENTS/FIRST AMENDED AND RESTATED REIMBURSEMENT AGREEMENT <br /> 0523N <br /> 1 <br />